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Relinquishment / Release Deed — હક્કમાફી

હક્કમાફી / હક કમી / ફારગતી

One co-owner or co-heir gives up their undivided share in favour of the others. The everyday Gujarati document after a death — and one that is frequently used for the wrong situation.

e-StampSub-Registrar

What a relinquishment does

હક્કમાફી — also called હક કમી or ફારગતી — is a release by which one co-owner or co-heir gives up their undivided share in jointly held or inherited property in favour of the other co-owners. The classic use is after a death: one sibling releases their share so the revenue record can be corrected in favour of the rest.

It only works between existing co-owners or co-heirs.

Where several people simply bought a property jointly and one now wants to sell out, that is a sale of a share and needs a sale deed — not a relinquishment. Using the wrong instrument produces a document the Sub-Registrar will not accept, and which would not have transferred anything if he had. Establish first that the parties are genuinely co-owners of an undivided interest.

This document must be registered. Notarisation is not an alternative.

Section 17(1) of the Registration Act, 1908 makes registration compulsory for any non-testamentary instrument that creates, declares, assigns, limits or extinguishes a right, title or interest of ₹100 or more in immovable property. In 1908 that was a threshold; today it captures essentially every property transaction. Where a compulsorily registrable document is left unregistered, section 49 bars it from affecting the property or being received as evidence of the transaction.

Carrying it into the record

Registration is not the end. The resulting entry in the revenue record is હક કમી — removal of right — applied for at the taluka e-Dhara (ઇ-ધરા) centre for rural land, or the City Survey office for urban property. A relinquishment that is registered but never carried into the record leaves the position exactly as ambiguous as before.

Release with or without consideration

A release may be voluntary, or made against a payment that equalises shares. Both are common; the deed should say plainly which it is and record any payment. Where the release is in favour of some co-owners but not all, say precisely whose share increases and by how much.

Where the family is dividing rather than consolidating, the instrument is a partition deed instead.

On stamp duty.

We do not publish duty figures on this website. The Gujarat Stamp Act, 1958 was amended in 2025 and several articles were restructured; a rate printed on a web page goes stale and costs somebody money. As a Government authorised e-Stamping centre we confirm the duty currently prescribed for your specific document and issue the e-stamp against it, at face value. The notarial fee is separate and capped by law — ₹35 to attest execution, ₹35 to administer an oath or take an affidavit, under Rule 10(1) of the Notaries Rules, 1956. The full fee table →

Drafted here, in Gujarati or English

Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.

What to bring

  • Title documents and the full chain of title
  • 7/12 and 8-A extract, or the property card for urban property
  • Mutation entries in the revenue record
  • Photo ID and PAN for every party
  • Details of every co-owner or heir with an interest
  • Death certificate where the co-ownership arose by inheritance

Related

Common questions

What is the difference between a release deed and a gift deed?

A release operates between existing co-owners of an undivided interest — one gives up their share in favour of the others. A gift can be made to anyone, including a stranger to the title. Using a release where the parties are not co-owners does not work.

Does a relinquishment deed need to be registered?

Yes. It extinguishes a right in immovable property and falls within section 17(1) of the Registration Act, 1908. It should then be carried into the revenue record as a હક કમી entry.

All the heirs agree. Do we still need a document?

Yes. Agreement within the family is not a record, and the revenue record does not change because everyone is content. Doing it properly now costs a fraction of sorting it out after another death in the family.

Not sure which document you need?

Tell us what the office, bank or court asked for. We will name the exact document, the stamp value and whether notarisation is enough — before you pay anything.

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